Serena Fashions Ltd. v. Serena Fashions Alberta Ltd., 2022 CanLII 110510
Associate Justice Ring - 2022-11-15
Read full decision. Summary prepared by Alan Macek:
This is a motion brought by the Respondent, Serena Alberta, for an order pursuant to section 50(1) of the Rules, staying this trademark expungement application pending the final disposition of a trademark infringement action commenced by Serena Alberta in the British Columbia Supreme Court ... For the following reasons, I conclude that it is not in the interests of justice to stay the FC Application pending the final disposition of the BCSC Action, or to convert the FC Application into an action. The parties shall be granted an extension of time to December 6, 2022 to complete any cross-examinations on affidavits. ... It is well-established that the mere fact that there is a concurrent expungement proceeding in this Court and a trademark infringement action in a provincial superior court is not in itself sufficient to warrant a stay of the expungement proceeding.
Decision relates to:
- T-1708-22 - SERENA FASHIONS LTD v. SERENA FASHIONS ALBERTA LTD.